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On June 30, the U.S. Supreme Court decided a climate change related case that invoked the “major questions doctrine” to determine that the U.S. Environmental Protection Agency (EPA) had overstepped its authority under the Clean Air Act Section 111 to force an energy generational shift away from coal (West Virginia v. EPA). In the aftermath of this ruling, policy experts have been discussing whether this prohibits EPA from taking regulatory action to address climate change and whether the major questions doctrine will be called into play more frequently. Another recent example of the Court applying the doctrine is when it halted enforcement of the COVID-19 vaccination and testing emergency temporary standard.

Follow-up on AGC Member Survey on Sustainability Practices

In a June 21 letter, AGC of America raised supply chain concerns stemming from a proposed rulemaking to impose Federal Implementation Plan requirements on twenty-six states as part of the U.S. Environmental Protection Agency’s (EPA) “good neighbor” plan related to the 2015 ozone National Ambient Air Quality Standard (NAAQS). EPA’s proposal would add emissions budgets and limits on certain energy and, for the first time, industrial sources—including certain kilns, boilers, furnaces, and mills. Although not directly impacted, AGC members could experience disruptions in availability or cost increases for energy or materials key to construction such as cement, iron and steel, glass, chemicals, and paper products.

AGC weighs in on SEC proposal to require privately held construction contractors to track and report emissions on construction projects for public companies.

Environmentalists are pushing the U.S. Environmental Protection Agency (EPA) to undertake a rulemaking to classify discarded polyvinyl chloride (PVC or vinyl) as hazardous waste under federal law and to revise the solid waste management guidelines on disposal of PVC. AGC filed comments on June 3 on a proposed consent decree that would settle the lawsuit filed by the Center for Biological Diversity in D.C. federal court, saying EPA unreasonably delayed responding to CBD’s 2014 petition that asked the agency to regulate PVC under the Resource Conservation and Recovery Act (RCRA). Under the proposed “sue and settle” agreement, EPA promised to decide within nine months whether to move forward with listing PVC as hazardous waste, which could have significant implications for the construction industry.

Calling all safety and environmental professionals to join us at this year’s conference

In this episode, we cover the steps the Biden Administration has taken related to construction and the environment. AGC’s Director of Environmental Services Melinda Tomaino walks you through the environmental highlights and headlines on WOTUS (waters of the United States), species-related issues, climate change policy developments and implications for projects, and environmental review and approvals. Find out how AGC is making timely decisions and setting priorities, the important role AGC plays in policymaking, and how you can get involved.

Video Includes Details of association’s new climate change toolkit

AGC filed a joint April 18 “friend-of-the-court” brief in the case Sackett v. Environmental Protection Agency at the U.S. Supreme Court. The Court will take a fresh look at what are “waters of the United States” (WOTUS) under the Clean Water Act (CWA), which may limit federal agencies’ permitting and enforcement authority over construction work in isolated wetlands and ephemeral streams. The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ (Corps) will need to factor the Court’s decision into their planned WOTUS rulemakings.

AGC helps construction firms prepare for ripple effect